Acquiring a criminal record can negatively impact your future, standing as a barrier to your education and career goals. It could also affect your ability to obtain certain housing, professional licenses, or employment. In some situations, it is possible to expunge your criminal record so that it does not continue to act as a shadow in your life. An experienced Fishers expungement lawyer from The Criminal Defense Team of Baldwin Perry & Wiley PC can meet with you to discuss your options and whether expungement may be an option for you. Call us today for a free case review.

Are You Eligible for an Expungement?

What Is Expungement?

Expungement is the legal process of sealing criminal records. When a record is expunged, the public can no longer see it. These records do not typically come up when background checks are completed. Expungement does not completely erase these records, though, so law enforcement agencies, courts, and other parties may still have access to them. But for most people, expungement offers the opportunity of a second chance.

How to Obtain an Expungement

The process of obtaining an expungement is complex. It involves filing a petition that sets out your legal right to this process, obtaining documentation of your criminal records, and notifying appropriate parties. An experienced Fishers criminal defense attorney from our firm can help you with this process.

Convictions Not Eligible for Expungement

Before diving into the specifics of expungement, it’s crucial to understand that some convictions cannot be expunged due to the perceived seriousness of the crime. This includes the following crimes:

Murder
Manslaughter
Sex offender or violent offender-designated offenses
Offenses involving official misconduct
Sex trafficking
Certain sex crimes, including rape and child molestation
Two or more separate felonies involving the unlawful use of a deadly weapon

Different Types of Expungements

Indiana has different processes, timelines, and eligibility requirements for different types of expungements. Here are the details on the primary types of expungements in Indiana:

Expungements When No Conviction Occurs

If your case was dismissed or you completed diversion and you have no other criminal charges pending, you can seek expungement. You must have completed any diversion program you were ordered into. The waiting period is one year from the arrest date or charge. Under the law, the court must grant your petition if you satisfy these requirements.

Misdemeanor Conviction Expungements

You can request an expungement for a misdemeanor conviction if you do not have two separate felony convictions involving the unlawful use of a deadly weapon. The waiting period following a misdemeanor conviction is five years from the conviction. To acquire this type of expungement, you must have the prosecuting attorney’s consent.

Felony Conviction Expungements

Certain felonies can be expunged, but you must generally wait eight years after a Level 6 or Class D felony unless the prosecutor agrees to an earlier expungement. Other felony levels require a ten-year waiting period.

Call the Criminal Defense Team Today to Learn About Your Legal Options

The experienced attorneys at The Criminal Defense Team of Baldwin Perry & Wiley PC know that you may be intimidated by the expungement process. The rules are complex. Our team can review your case to determine your eligibility for expungement. Call (317) 687-8326 to discuss your case during a free consultation.

Fishers Expungement Lawyer